Much Ado About The Crime Of Doing Nothing

Law360, New York (August 7, 2012, 1:36 PM EDT) -- In recent years, the government has increasingly threatened health care company executives with criminal liability under the so-called “responsible corporate officer (RCO) doctrine” — also known as the “Park doctrine”[1] — for their companies’ alleged violations of the Food, Drug and Cosmetic Act (FDCA). The RCO doctrine imposes misdemeanor criminal liability on corporate executives who, due to their position of authority, have the power to prevent and correct FDCA violations committed by other company employees.[2] The RCO doctrine does not require a showing that the executive...
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